CM-2014-514 - 9/22/2014City of Round Rock
ROUND ROCK
Texas Agenda Item Summary
Agenda Number:
Title: Consider executing a Development Agreement with Valley Ranch
Properties, LLC for relocation of driveways at IH -35 and Chisholm
Parkway.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/19/2014
Dept Director: Gary D, Huddler, Transportation Director
Cost: $46,757.94
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: LAF -Valley Ranch Properties Dev. Agreement (00310974xA08F8), Shell
Agreement Partially Executed, RNDR1202.00RDChisholm02-Map
Department: Transportation Department
Textof Legislative File CM -2014-514
The IH -35 Ramp Reversals project was recently bid for construction by the Texas
Department of Transportation (TxDOT), and will go to construction this fall. During review of
this project, City Staff observed that the Shell convenience store located at the southwest
corner of the intersection of the IH -35 frontage road and Chisholm Parkway has two
driveways onto the frontage road. The northern most driveway is to close to the newly
constructed Chisholm Parkway, which is anticipated to carry a much higher vloume of traffic
in the future. This driveway conflicts with traffic turning off of Chisholm Parkway and those
vehicles turning into the Shell Station.
Subsequently, staff approached the owners of the Shell station and inquired about removing
the northern driveway on the frontage road and constructing a new, full access driveway on
Chisholm Parkway for the convenience store (see attached exhibit). The property owners
were agreeable to this arrangement.
Execution of this agreement will grant the City of Round Rock and its designees permission
to complete this work. In discussions with TxDOT, these driveway modifications will be
completed as a change order to the IH -35 Ramp Reversal Project, which will be presented
for approval at a later time. Under this agreement, the City of Round Rock will be
responsible for the costs of all of the driveway modifications. The current engineer's
estimate for this work is $46,757.94.
Staff recommends approval
CiW of Rounl Rock Page 1 Pnn.d on &18/1014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Development Agreement Will Valley Ranch
Department Name: Transponation Project Name: Propenbs
Project Mgr/Resource: Jahn Dean ConlractorNendor: NA
Council Action:
ORDINANCE F-1 RESOLUTION
xx City Manager Approval
CMA Wording
7onsider executing a Development Agreement with Valley Ranch Properties, LLC for relocation of driveways at IH -35 and
5hisholm Parkway.
Attorney Approval
Attorney
Date
O:\wdox\SCCints\0127\1400\MUNICIPAL\00310973.XLS Updated 6/3/08
STATE OF TEXAS § DEVELOPMENT AGREEMENT
§ WITH
CITY OF ROUND ROCK § VALLEY RANCH PROPERTIES, LLC
This DEVELOPMENT AGREEMENT ("Agreement') is made by and between
VALLEY RANCH PROPERTIES, L.L.C. (hereinafter called the "Owner"), and the CITY OF
ROUND ROCK, TEXAS, (hereinafter called "City"), both acting by and through their duly
authorized officials.
WHEREAS, Owner is owner of a certain 0.811 acre tract of land located within the City
of Round Rock at 2000 N IH 35, and more particularly shown on the attached Exhibit A (the
"Property"), and
WHEREAS, the Property abuts N IH 35, with access to the southbound IH 35 frontage
road from two existing driveway (Existing Driveways) as shown on Exhibit "A" as the Northern
Driveway and the Southern Driveway;
WHEREAS, the City desires to re -locate the Northern Driveway to a new location on
Chisholm Parkway at the location shown on Exhibit A; and
WHEREAS, Owner desires to co-operate with the City in the re -location the Northern
Driveway, and
NOW THEREFORE, for and in consideration of the promises and the mutual
agreements set forth herein, the City and Owner hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to allow the City to re -locate the Northern Driveway to
the new location shown on Exhibit "A" and to provide for a new median opening on Chisholm
Parkway to accommodate the new driveway.
B. GENERAL TERMS AND CONDITIONS
The Owner and the City agree to allow the City, at its sole cost and expense, to re-
locate the Northern Driveway on the Property to a new location as shown on
Exhibit "A".
00309160
3510894 02/03/2009
CM -2014.514
2. The City shall make its best effort to not completely block ingress or egress to the
Property during normal business hours. All of the cost of repairs required to the parking
lot surface and landscape due to the relocation work shall be paid by the City.
3. The City agrees to complete the construction of the new driveway within sixty (60)
days after construction activity on the Property has begun.
C. TEMPORARY CONSTRUCTION EASEMENT
Owner grants the City a temporary construction easement across the entire
Property to complete the work described above. The City shall indemnify, to the
extent allowed by law, Owner against any loss and damage which shall be caused
by the exercise of the temporary construction easement or by any wrongful or
negligent act or omission of Owner's agents or employees in the course of their
employment. The City shall make its best effort to not completely block ingress
and egress to the Property during normal business hours.
D. MISCELLANEOUS PROVISIONS
I. Actions Performable. The City and the Owner agree that all actions to be
performed under this Agreement are performable in Williamson City, Texas.
2. Governing Law. The City and Owner agree that this Agreement has been made
under the laws of the State of Texas in effect on this date, and that any
interpretation of this Agreement at a future date shall be made under the laws of
the State of Texas.
3. Severability. If a provision hereof shall be finally declared void or illegal by any
court or administrative agency having jurisdiction, the entire Agreement shall not
be void; but the remaining provisions shall continue in effect as nearly as possible
in accordance with the original intent of the parties.
4. Complete Agreement. This Agreement represents a complete agreement of the
parties and supersedes all prior written and oral matters related to this agreement.
Any amendment to this Agreement must be in writing and signed by all parties.
5. Exhibits. All exhibits attached to this Agreement are incorporated by reference
35108]-4 02/03/2009
and expressly made part of this Agreement as if copied verbatim.
6. Notice. All notices, requests or other communications required or permitted by
this Agreement shall be in writing and shall he sent by (i) telecopy, with the
original delivered by hand or overnight carrier, (ii) by overnight courier or hand
delivery, or (iii) certified mail, postage prepaid, return receipt requested, and
addressed to the parties at the following addresses:
Com:
Steve Norwood
City Manager
221 East Main Street
Round Rock, Texas 78664
with copies to:
City Any Steve Sheets
309 East Main
Round Rock, Texas 78664
Phone: (512) 255-8877
Owner:
Valley Ranch Properties, L.L.C.
Phone: (_—)
Force Majeure. Owner and the City agree that the obligations of each party shall
be subject to force majeure events such as natural calamity, fire or strike or
inclement weather.
Assignment. This Agreement may be assigned by the Owner only with the prior
written approval of the City, which shall not be unreasonably withheld.
351099-4 02/03/2009
Signature Warranty Clause. The signatories to this Agreement represent and
warrant that they have the authority to execute this Agreement on behalf of the
City and Developer, respectively.
SIGNED as of this ?2� y of x' , 2014.
CITY OF ROUND ROCK, TEXAS
BY:
Steve Norwood, City Manager
VALLEY RANCH PROPERTIES, L.L.0
BY:
M uradl Bhmwani
ITS: owNSiZ
Attest:
�Aw-^
u�YYV ✓ ' ✓ UCS' V t/L
Sara White, City Clerk
3510874 02/03/2009
EXHIBIT "A"
Property Location
2000 N IH 35, Round Rock, Texas.
351089-4 02/03/2009
351087-4 02/032009
we L a.., zO FF
t
Lu } =
ZX LL
mu O V
rd��ti
WwQ
O
z�
NB IH 35 4s
SB IH 35 �-► 'a ._
•. r5 —► w
0 o m
E.i K N
R �
SBFR —► •t. �.-.
NQ
� { WZ�� U'Q 1f
I � ME
Nmol_
wonnuil,� ra ���"�
jo10
,
!ow 7';/
Ll' rc a O 1
U >m er5
x m3